JAGDISH SINGH BHADAURIA Vs. BHARATI

JUDGEMENT

(1.) Plaintiff was a seafarer and worked as Chief Engineer on board two vessels by the name Malaviya Thirty Three and Bharati - S, both owned by Gol Offshore Limited, which is in liquidation.

(2.) According to plaintiff, the wages payable for his employment on Malaviya Thirty Three is from 31.10.2015 till 14.02.2016 at the rate of Rs.3,60,000/- per month (pro rata) and on Bharati - S for the period of 17.02.2017 till 07.04.2017 at the rate of Rs.3,70,500/- per month (pro rata). The total amount that was payable, according to plaintiff, for Malaviya Thirty Three is Rs.12,65,406/- and for Bharati - S is Rs.6,05,379/-. For Malaviya Thirty Three, plaintiff has been paid a sum of Rs.7,75,772/-, which leaves a balance of Rs.4,89,634/-. For Bharati - S, no amount has been paid. In addition to these amounts, plaintiff is also claiming wages under the provisions of Section 129 of the Merchant Shipping Act, 1958 (the MS Act) for delayed payment. Interest at 12% p.a. on the amount payable as per the contract is also claimed. No interest is claimed on the amount claimed under the provisions of the MS Act.

(3.) Plaintiff had obtained an order of arrest of defendant vessel - Bharati - S on 20.04.2017. The court fees payable has not been paid in view of the undertaking given by plaintiff that the amount of court fees payable can be deducted from the decretal amount. Mr. Shetty agrees that even if the Court is inclined to dismiss the suit, plaintiff will still be liable to pay the court fees.